UnAmerican: Red Flag Laws Violate Natural Rights

In the wake of the recent mass shootings, both Donald Trump and certain GOP members are taking action to pass more gun control legislation. Such ‘caving’ on behalf of the party that long protected the inherent right to bear arms—is utterly pathetic!

The aftermath of the recent shootings in El Paso, Texas, and Dayton, Ohio, has been a familiar one, as GOP politicians offer “thoughts and prayers” while paying lip service to the possibility of modest, common-sense gun reforms. But while the typical mass shooting is all too often followed by all rhetoric and no action, could El Paso and Dayton finally flip the script? Politico reports that more Republican lawmakers appear to be ramping up their support for background checks and red flag laws in the wake of the recent weekend of mass shootings, President Donald Trump has signaled his interest in these mild gun control moves, and a majority of lawmakers’ Republican constituents now appear to be on board. “The proximity of the shootings, the Gilroy one … and then El Paso and Dayton, that has galvanized people,” Sen. Susan Collins told Politico. “We’re determined that we take something up.”

Aside from Trump’s past remarks about taking the guns first before going to court, a statement he made back in 2018, a true conservative—or patriot—would NEVER say that.

Violating due process is one side of the argument, and the other is infringing on the inherent right to keep and bear arms. Mind you, the Second Amendment is not what grants you the right to bear arms; rather it protects the natural right that already exists in nature:

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” (U.S. Constitution, Amendment II).

The most important word in that sentence which runs parallel in the First Amendment, is “the.” English language uses this three-letter word to denote a commonly understood fact or thing, often in the abstract. Such rhetoric implies a universal objective right to keep and bear arms that does not come from the state. Hence, “the right” to keep and bear arms is derived from humanity as inalienable, and thus “shall not be infringed” by the government.

I am completely disgusted with President Trump’s handling of this matter upon the terrific mass shootings in both and Texas and South Dakota. The GOP members who also pushed for increased background checks and the possibility of implementing red flag laws are violating their oath, and this is dangerous.

If the United States continues to compromise its longstanding ideologies of self-government and personal sovereignty we will lose our individual liberty, and the American dream will die. All the guaranteed rights the Constitution and Bill of Rights are related to some degree. They restrain the government from usurping abusive control over our lives.

The fundamental right to keep and bear arms is the backbone of a free society. Individuals are not truly free without the ability to protect their liberty. They cannot own private property, raise family or live in community without fear if they cannot preserve their livelihood. Our free market capitalist society, which undoubtedly is being crushed by high taxes and systemic regulation, is not possible without self-governing, self-reliant citizens.

This nation became free, affluent and prosperous because our personal liberty laid the path for enormous accomplishments in entrepreneurship and technological innovation. Had we been dependent on the state through its traditional grips of suppressive power over our lives, which is much the case elsewhere in this world, we would not have attained such greatness.

True Purpose of the Second Amendment

The true purpose of the Second Amendment is not about hunting nor even one-on-one criminal defense. It was written to protect your right to retaliate against the GOVERNMENT if it becomes tyrannical.

Due Process is Thrown Out the Door

Red flag laws violate the right to bear arms on their face. Not only do they allow confiscation of weapons without the suspect even committing a crime, but they strip the person from the right to contest in court—before a crime even takes place.

Spin it how you want, but red flag laws are the opposite of due process protected by the Fifth Amendment. Here, a defendant is being deprived of personal property based on “accusations” by others that the person might be a threat. We already have a system in place for potential dangers. If someone is showing obvious signs of premeditation to commit a crime, then probable cause exists. Hence, prosecutors can simply get a warrant and arrest the suspect via police.

There is not need to have additional complex laws which give more power to the state to incriminate someone based on mere accusations that the person is a threat. There must be material evidence before action can be taken.

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About The Author

Chris Nawojczyk is Founder and CEO of Quarter Hedge Capital. He is an entrepreneur, investor and trader of equities, as well as an athlete of yoga and pole fitness. As an independent journalist and blogger, Chris is on a mission to promote free market capitalism, individual liberty, personal sovereignty, and limited government via the longstanding ideologies of United States heritage. In addition, Chris is working to earn a JD to become a constitutional lawyer.